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I'd be saving money for the lawyer, then. If you keep collecting information like this...and you can afford the lawyer, you should have more time with the kids in no time.


One year becomes two, two years becomes five, five becomes ten and before you know it, you've wasted your whole life on a problem you can't solve. That's one way to spend your life. -rwinger

I will not spend my life this way.
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This is great news for you. I hope you come out well in court.

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PSU,

Your wife may be trying to get SSI for your daughter's speech impairment. What I read in that email is that she is trying to get the speech therapist and others to believe that there is something more going on. This is probably to build a case that the impairment is going to require longer term therapy, is not "mild" in nature, etc. The SSI people will send something to the school therapist requesting the evaluation information, and your ex will fill out forms. Kids can qualify for money as "disabled" based on speech and language impairments if the disability is bad enough and will require longer therapy to deal with it.

That email has more meaning than your wife being just "dumb". She is up to something. I really would check and see what her activities at the school have been, and if she has been trying to make a case for more therapy, etc.

Check also and see if that SSI check (if your daughter were to be qualified for one) would do anything in the way of affecting your child support. In some states, it doesn't.

It would also bolster your case that you are a good parent if you have visited your kids' school, talked with the teachers, etc., and are being a good dad.....


Lucky to be where I am, in a safe place to get marriage-related support.
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AAAAAARRRRRRRRRRGGGGGGGHHHHHHHH!

The bull excrement doesn't stop!!!! Anyways, I had a very eventful day. I went to the courthouse and got the case record of POSOM's 2nd degree assault charges. What I saw was a SHOCK!

Here is the police report:

On 11/18/10 at 1700 hours I was dispatched to somewhere to investigate a domestic incident. Upon arrival I met with the victim,exWW , who stated she had been arguing with her boyfriend, POSOM, and he assaulted her. ExWW stated she came home to tell POSOM the results from a hearing in a case with her ex husband and he began yelling at her. ExWW stated she did not know why POSOM got angry with her, though she could tell that he had been consuming alcohol. ExWW stated POSOM pushed her into the laundry basket and she then fell on the floor. ExWW stated POSOM grabbed a hold of her by her neck and picked her up off the floor. ExWW stated POSOM also grabbed her by her hair as she was walking towards the steps. ExWW stated she was able to get away and as she was running out of the front door she twisted her ankle on the doorway ledge heading out of the house. I noticed exWW to have a red mark on the left side of her neck and also two other red marks on the right side of her neck near her collar bone. ExWW stated the injuries were a result from when POSOM grabbed her neck. ExWW stated she was hitting POSOM while she was trying to get him off of her. ExWW stated while she was near her vehicle POSOM grabbed her and threw her to the ground. ExWW stated POSOM is only violent towards her after he has consumed
alcohol.

I spoke with POSOM and he informed me he was using the bathroom when exWW came home to tell him about her case from today. POSOM stated he got angry and pushed her out of the bathroom. POSOM did not comment on the marks on ExWW's neck. While I was speaking with POSOM I could smell a strong odor of an alcoholic beverage on his breath and person.

So, I got home, I was typing up an email to my lawyer about this new information when there's a knock at the door. At the door were two of Delaware's finest to serve me with a Protection From Abuse Order that exWW filed this afternoon. Turns out, she found out about a traffic ticket (speeding), and determined that I should not have custody of the kids and that constituted abuse against her and the children. So, I don't have the kids next week since I am not to have any contact with them.

To top things off, my lawyer is booked at the time of the hearing. Based on the charges, I will easily beat it since getting a traffic ticket is not abuse in any sense of the word. I don't necessarily need him based on the charges. However, I'm going to ask him if a continuance until the custody hearing on Oct 4th makes sense along with a motion to combine the PFA with the custody hearing.

Our custody judge hates her - this is the same judge who admonished her for calling his legal assistant a female dog in the act of mating after the judge denied one of her motions. Plus he admonished her in the past for all her other PFA filings. Never a dull moment!


Me BH 49 WXW 50
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ugh! I am so sorry for you and your kids, PSU. Will the craziness never stop for you? crazy I hope that judge steps up to the plate and does something about her malicious use of the courts. What an absolute injustice. The depravity and evil of the wayward mind is never ending.


"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena.." Theodore Roosevelt

Exposure 101


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I'm so sorry PSU? I honestly feel you can and should ask for sole physical and legal custody given the body of evidence and that the OM be forbidden from being around your kids.


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Originally Posted by helpthelostdads
I'm so sorry PSU? I honestly feel you can and should ask for sole physical and legal custody given the body of evidence and that the OM be forbidden from being around your kids.

We have a custody hearing on Oct 4th. I'll need to talk to my lawyer about what we do now. The thing is, the guy was acquitted, yet, ex WW and the kids continued to live with him. I'm having trouble reconciling the logic in it right now. Especially since she does not want me to have custody of the kids because she claims the kids are in a dangerous environment with me.

Best case for all involved would be for exWW get rid of the bum. At this point, not happening.


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Well, she has her history of false accusations and an actual police report documenting violence.

He may not openly be able to use the police report as evidence to change custody, but it might be enough to plant a seed in his head that the kids are safer with you.

Talk to your kids and let them know that if they are ever scared or feel threatened in any way that they should call 911, especially if POSOM is scaring them.

Side note: I didn't wish to thread jack. Mind chiming in on my situation?

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I did a little research. In my state, the statute is the following:

A perpertrator of DV is :

(b) "Perpetrator of domestic violence" means any individual who has been convicted of committing any of the following criminal offenses in the State, or any comparable offense in another jurisdiction, against the child at issue in a custody or visitation proceeding, against the other parent of the child, or against any other adult or minor child living in the home:

(1) Any felony level offense;

(2) Assault in the third degree;

LIving with a perpertrator of DV:

� 705A. Rebuttable presumption against custody or residence of minor child to perpetrator of domestic violence

(b) Notwithstanding other provisions of this title, there shall be a rebuttable presumption that no child shall primarily reside with a perpetrator of domestic violence.

It's pretty clear exWW did not cooperate with prosecution - if she did, he would have been found guilty. Unfortunately for her, it would have destroyed her plans to take the kids away from PSUBIKER.

So, she softplayed the allegations to the prosecution while at the same time painting me as abusive to try and cover her tracks.

In a nutshell, she was trying to get the kids MORE while at the same time knowingly living with someone who she accused of a very serious crime - the penalty is up to 10 years in prison.

So, I am going to ask my attorney on Monday to file for Custody with a further provision that the children have no contact with POSOM ever.


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Originally Posted by PSUBIKER
So, I am going to ask my attorney on Monday to file for Custody with a further provision that the children have no contact with POSOM ever.

Bravo to you!! And I hope you get it. I predict she may have helped you get that with her RO stunt. Bad guys usually over reach and end up hoisting themselves on their own petard. I hope that is the case here.


"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena.." Theodore Roosevelt

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Originally Posted by MelodyLane
Originally Posted by PSUBIKER
So, I am going to ask my attorney on Monday to file for Custody with a further provision that the children have no contact with POSOM ever.

Bravo to you!! And I hope you get it. I predict she may have helped you get that with her RO stunt. Bad guys usually over reach and end up hoisting themselves on their own petard. I hope that is the case here.

One day at a time. That's the way to fight WW.

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That's great PSU. Although this judge is likely worn out from all her petitions this has to be YOUR first one. Might even want your attorney to make that clear by calling it Respondent's first motion ever for primary custody of the children.

In the alternative or contemporaneously, perhaps your attorney can file a restraining order on behalf of the children and ask for a GAL be assigned.

What a nightmare situation. I hope the judge finally listens.

Mr. Wondering


FBH(me)-51 FWW-49 (MrsWondering)
DD19 DS 22 Dday-2005-Recovered

"agree to disagree" = Used when one wants to reject the objective reality of the situation and hopefully replace it with their own.
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PSU,

I received two junk emails from you the last two days. I emailed you but don't know if it's an account you monitor anymore. It appears you have a virus of some kind (trojan) that has accessed and is emailing your contacts. My wife had one that all she had to do was change her email address password. Perhaps you can take a look.

Mr. W


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Originally Posted by MrWondering
PSU,

I received two junk emails from you the last two days. I emailed you but don't know if it's an account you monitor anymore. It appears you have a virus of some kind (trojan) that has accessed and is emailing your contacts. My wife had one that all she had to do was change her email address password. Perhaps you can take a look.

Mr. W

Ditto.

On a different note, any update?

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If you have hotmail (or others might have this too) there's usually an option to mark the email as 'help my friend has been hacked.'


One year becomes two, two years becomes five, five becomes ten and before you know it, you've wasted your whole life on a problem you can't solve. That's one way to spend your life. -rwinger

I will not spend my life this way.
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Originally Posted by MrWondering
PSU,

I received two junk emails from you the last two days. I emailed you but don't know if it's an account you monitor anymore. It appears you have a virus of some kind (trojan) that has accessed and is emailing your contacts. My wife had one that all she had to do was change her email address password. Perhaps you can take a look.

Mr. W

Great. Watch me get arrested for violating a no contact order because my email got hacked.


Me BH 49 WXW 50
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Originally Posted by helpthelostdads
Originally Posted by MrWondering
PSU,

I received two junk emails from you the last two days. I emailed you but don't know if it's an account you monitor anymore. It appears you have a virus of some kind (trojan) that has accessed and is emailing your contacts. My wife had one that all she had to do was change her email address password. Perhaps you can take a look.

Mr. W

Ditto.

On a different note, any update?

No updates. I filed a motion to have the protection order heard with the custody hearing on Oct 4. If rejected, no big deal. I just have the case heard on Friday.

On another note this just goes to show how ridiculous the whole DV process is. When someone can get an ex parte order granting them temporary custody because they suspect their ex has a suspended license, something is very wrong. Especially since the suspended license was reinstated four days before the ex parte was granted.

Yet, my ex made some very serious charges against POSOM yet she did not request any type of protective order.


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PSU,

Looks to me like the old adage is true in the case of your exWW and her POSOM:

Water rises to meet its own level.

She and he seem made for one another, don't they? I agree that you should file for sole custody. Take a copy of that report into court. Also, try to find out if she even appeared at the hearing when he was "acquitted". Chances are she didn't show to testify. That will also go a long way to showing the judge that the situation with POSOM is dangerous for the exWW, not to mention your offspring. If she will not stand up for herself


then there is no way she will stand up for a child.


Make that point to the judge, if she did not show up to court to make the case against POSOM.

She will wail and whine. Let her. If he is in court, POSOM will make the case for YOU himself. If not, she may very well make the case for you anyway.

SB


Lucky to be where I am, in a safe place to get marriage-related support.
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God I hope the judge finally just snaps and throws the book at her, then his gavel and if he still misses, his shoes!!



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We went to court today for the PFA. I had to have the trial today. Anyways, it was dismissed. The judge had to yell at her at the end too. Here are the highlights:

1. I read the police report from POSOM assaulting exWW. ExWW explanation was he was aquited because she testified that she imagined him beating her up. Her imagining things was caused by PTSD from me abusing her and it caused her to believe POSOM was abusing her because of her stress issues. I kid you not.

2. Lots of testimony from exWW that the kids don't like me, don't want to live with me, are afraid of me, etc, etc, etc. She also said I cause problems at kid exchanges.

3. ExWW tried to introduce into evidence a tape recording of the kids saying they did not want to go to my house and were scared of me. The judge denied this. I would like to thank exWW for treating the kids like POW's captured by the Viet Cong. THAT IS MESSED UP!

4. ExWW had POSOM testify. He said the kids tell him they don't like me and it breaks his heart that they have to go to my house. The judge struck this from the record. He then said at kid exchanges I don't say a word, look at the ground, don't hug the kids goodbye, and get in and out of my car as quickly as possible.

5. Judge would not allow me to cross examine the POSOM. She said POSOM affirmed my testimony that I keep kid exchanges strictly business.

6. Judge dismissed POSOM. As he was leaving, he said "this court is a joke"

7. The judge dismissed her case and said exWW should not have brought the case up as a PFA and that her allegations are better suited for the custody hearing. ExWW started screaming, crying, pleading, saying she is scared for the kids. The judge said: "GET OUT OF MY COURTROOM NOW! BAILIFF, HAVE THE CAPITAL POLICE ESCORT EXWW TO HER CAR. ALSO, KEEP PSUBIKER HERE UNTIL EXWW LEAVES AND HAVE CAPITAL POLICE ESCORT HIM TO HIS CAR"

The judge was MAD at exWW.


Me BH 49 WXW 50
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DS 2002
DD 2005
D Day 1 7/28/08
D Day 2 8/19/08

Divorce Final 3/19/2009
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